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Y <br /> d i Jao� ao�5 <br /> DEVELOPER'S AGREEMENT BETWEEN <br /> INDIAN RIVER COUNTY,FLORIDA $ 3 <br /> AND do 15'-0 I lr <br /> FAMILY DOLLAR STORES, INC. <br /> THIS AGREEMENT, entered this 20th day of January , 2015, by and between <br /> INDIAN RIVER COUNTY,FLORIDA a political subdivision of the State of Florida, 180127th Street, <br /> Vero Beach, Florida, 32960 hereafter called COUNTY and HUTTON GROWTH ONE, LLC, a <br /> Tennessee Limited Liability Company,736 Cherry Street,Chattanooga,TN 37402,Telephone No.423- <br /> 643-9202, hereafter referred to as the DEVELOPER. <br /> WITNESSETH <br /> WHEREAS,the DEVELOPER has been approved to construct a new Family Dollar Store on the <br /> south side of 45th Street immediately east of 43`d Avenue. The site is located at 4490 43`d Avenue,Vero <br /> Beach,FL. The Indian River County Project Number is 2005080302,the legal description is attached as <br /> Exhibit"A"and incorporated herein by reference; and <br /> WHEREAS,the DEVELOPER is required to install 54 feet of culvert pipe and fill in a portion of <br /> the drainage ditch belonging to the Indian River Farms Water Control District; and <br /> WHEREAS,the culvert pipe installation will leave a 190-foot gap of open drainage ditch between <br /> 43`d Avenue and the Family Dollar Store driveway, a gap which the County also intends to fill with a <br /> culvert pipe; and <br /> WHEREAS,the COUNTY and DEVELOPER share mutual concerns with respect to the drainage <br /> ditch improvements along 45th Street; and <br /> WHEREAS, both the COUNTY and DEVELOPER can mutually benefit each other through a <br /> joint effort that will combine the two culvert pipe projects into one single project; and <br /> NOW,THEREFORE,in consideration of the mutual terms,conditions,promises,covenants and <br /> premises hereinafter,the COUNTY and DEVELOPER agree as follows: <br /> 1. The above recitals are affirmed as being true and correct and are thereby incorporated herein. <br /> 2. The DEVELOPER shall pay to the COUNTY the sum of $30,000 within 30 days of the <br /> execution of this agreement, or prior to issuance of a Certificate of Operation for the new <br /> Family Dollar Store, whichever occurs earlier, as a contribution for construction of the <br /> drainage ditch improvements along 45th Street. <br /> 3. The COUNTY shall be responsible for all construction and construction coordination including <br /> advertisement for bids, contractor selection, construction, surveying and construction <br /> inspection. <br /> FA\Public WorksTuanne M\Agreement Docs\Developer's Agreements\Fa 1 ily Dollar Stores Developer Agreement.doc <br />